Gene Lephew v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010 GENE EDWARD LEPHEW, Appellant, v. Case No. 5D09-4469 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 5, 2010 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Based upon the State's confession of error, the case is remanded for the trial court to conduct a restitution hearing after notice to all parties. See Brinson v. State, 606 So. 2d 476 (Fla. 5th DCA 1992). REMANDED. GRIFFIN, COHEN and JACOBUS, JJ., concur.

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